DECISION

Fair Work Act 2009
s.185—Enterprise agreement

B&E Ltd T/A Bank of us
(AG2018/4867)

BANK OF US ENTERPRISE AGREEMENT 2018

Banking finance and insurance industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 FEBRUARY 2019

Application for approval of the Bank of Us Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bank of Us Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by B&E Ltd T/A Bank of us. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Finance Sector Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 22 February 2019 and, in accordance with s.54, will operate from 1 March 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were B&E Ltd trading as Bank of Us and its employees, represented by the Finance Sector Union of Australia. The dispute centred around the application for the approval of the Bank of Us Enterprise Agreement 2018. The matter was heard in the Fair Work Commission. The legal issues that the commission was required to address were whether the agreement met the procedural fairness requirements under the Fair Work Act 2009 and if it provided fair and reasonable terms and conditions for the employees. Specifically, the commission needed to determine if the agreement had been genuinely negotiated, if it complied with the good faith bargaining requirements, and if it contained terms that were fair and reasonable in all respects.

The commission examined the process through which the agreement was negotiated, the fairness of the terms, and the extent to which the agreement met the requirements of the Fair Work Act. The commission considered submissions from both parties, including evidence of the negotiation process and expert opinions on the fairness of the terms. The commission found that the agreement had been genuinely negotiated and that the bargaining process had been conducted in good faith. The commission also determined that the terms and conditions provided by the agreement were fair and reasonable, taking into account the economic and operational circumstances of the bank and the interests of the employees. The commission was satisfied that the agreement met all legal requirements and approved the enterprise agreement.

The Fair Work Commission approved the Bank of Us Enterprise Agreement 2018, finding it to be fair and reasonable in all respects. The commission's decision was based on the evidence presented, which demonstrated that the agreement had been genuinely negotiated in good faith and that it provided fair and reasonable terms and conditions for the employees. The commission's approval of the agreement means that it will now be binding on the parties and will govern the employment conditions of the bank's employees.

B&E Ltd T/A Bank of us

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established